In a landmark decision, the Senate has approved the restoration of the Aniocha North II State Constituency in Delta State, in compliance with a Supreme Court judgment following a motion titled “Restoration of Aniocha North II State Constituency Pursuant to Supreme Court Judgement” moved by Sen. Nwoko, Ned Munir, (Delta North, APC) on the floor of Senate on Tuesday during plenary.
The approval is a significant victory for the people of Aniocha North, who have been fighting for the restoration of their constituency since 2014.
The journey to this approval began in 2014 when the people of Idumuje-Unor, Idumuje-Ugboko, and other towns in Aniocha North Local Government Area initiated a legal action at the Federal High Court, Asaba, seeking the restoration of the Aniocha North II State Constituency ². Although the Federal High Court dismissed the originating summons, the Court of Appeal, Benin Division, delivered a judgment in favor of the people on November 22, 2017, ordering the restoration of the constituency.
The Independent National Electoral Commission (INEC) was directed to conduct elections in the constituency within three months. However, INEC filed an application for leave to appeal the judgment at the Supreme Court, which was dismissed on November 29, 2019, affirming the judgment of the Court of Appeal as final and binding.
Despite the Supreme Court’s ruling, INEC failed to implement the judgment, prompting the Senate to take action. The Senate’s approval of the restoration of the Aniocha North II State Constituency is a significant step towards ensuring that the people of Aniocha North are represented in the Delta State House of Assembly.
The approval also highlights the importance of the rule of law and the need for institutions to respect court judgments. As Senator Ned Nwoko, who sponsored the motion, noted, the delay in implementing the Supreme Court judgment undermines the rule of law and disenfranchises the people of the affected towns.
The restoration of the Aniocha North II State Constituency is expected to take effect in the next State Houses of Assembly election after the current life of the Delta State House of Assembly, in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Senate during the plenary resolved the approval of the restoration of Aniocha North II State Constituency, Delta State as ordered by the Supreme Court in sult No. 5C/129/2019, that the Independent National Electoral Commission complies with this resolution by ensuring that the restoration of Aniocha North II State Constituency, Delta State takes effect in the next State Houses of Assembly election after the current life of the Delta State House of Assembly in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and Seek the concurrence of the House of Representatives in line with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The motion as captureed in the Senate’s Order Papers for Tuesday 11th March 2025 read in full…
“1. Restoration of Aniocha North II State Constituency pursuant to Supreme Court Judgment.
Sponsor: Sen. Nwoko, Ned Munir (Delta North).
The Senate
Notes that in 2014, the people of Idumuje-Unor, Idumuje-Ugboko, Nkwu-Nzu, Ugboba, Idumuogo, Ugbodu, Ubulubu, Anioma and Ogodo towns in Aniocha North Local Government Area of Delta State, Initiated a legal action at the Federal High Court, Asaba, seeking the restoration of the Aniocha North II State Constituency:
Also notes that although the Federal High Court dismissed the originating summons, the Court of Appeal, Benin Division, on November 22, 2017, delivered judgment in favor of the people, ordering the restoration of Aniocha North II State Constituency and directing the Independent National Electoral Commission (INEC) to conduct elections in the constituency:
Aware that INEC filed an application for leave to appeal the judgment of the Court of Appeal at the Supreme Court, but the Supreme Court, in its ruling of November 29, 2019, dismissed the application, thereby affirming the judgment of the Court of Appeal as final, binding and legally non-appealable
Recognizes that INEC, In compliance with the judgment, convened a meeting with the stakeholders of the constituency on November 19, 2020, pledging to implement the court’s directive; subsequently, INEC submitted a comprehensive report to the National Assembly for consideration in line with Section 115 of the 1999 Constitution (as amended);
Concerned that despite INEC having concluded all processes for the restoration of the constituency and reminding the National Assembly of the matter through a letter dated 17 December, 2020, further action has not been taken to facilitate the restoration of Aniocha North II State Constituency, and
Disturbed that the delay in implementing the Supreme Court Judgment undermines the rule of law, disenfranchising the people of the affected towns, and also denying them proper representation in the Delta State House of Assembly,
Accordingly resolves to:
Approve the restoration of Aniocha North II State Constituency, Delta State as ordered by the Supreme Court in sult No. 5C/129/2019
Approve that the Independent National Electoral Commission complies with this resolution by ensuring that the restoration of Aniocha North II State Constituency, Delta State takes effect in the next State Houses of Assembly election after the current life of the Delta State House of Assembly in compliance with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); and
Seek the concurrence of the House of Representatives in line with Section 115 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
